What is 50/50 Custody?

A major concern among parents undergoing a divorce or separation is whether they’ll get 50/50 custody of their children. 50/50 custody refers to the equal division of custody between both parents - however, this isn’t always a certainty. If you are navigating the complexities of child custody or facing an impending divorce, it is critical you understand California’s laws and requirements on this matter with the help of an Orange County child custody lawyer.

Child Custody Laws in California

Unlike some states that automatically lean towards a 50/50 custody, California does not lean towards this presumption. Instead, the courts in the state are guided by the best interests of the child standard. This standard states that the child’s safety, welfare, and needs trump everything else in custody determinations, including fairness to parents. Various factors are considered by the courts to arrive at what’s best for the child’s welfare, safety, and emotional well-being.

This means that custody will not be granted to an abusive or irresponsible parent, regardless of gender.

Determining the Right Type of Child Custody

In California, child custody can be divided into two separate categories:

Physical: A parent with physical custody has the right to live with the child and become the primary caregiver.

Legal: A parent with legal custody has the right to make important decisions for the child, such as the education & medical treatment the child will receive and what religion the child will be raised with.

Both physical & legal custody can be further segregated based on responsibility:

Sole: A parent with sole custody has to bear all the responsibilities of child-rearing as the court deems that the other spouse is not capable of doing so for one reason or another. If one parent has sole physical custody, they will reside with the child the majority of the time, while the other parent may spend time with the children through a visitation schedule.

Joint: Joint custody is granted to both parents when they are both capable of raising their child. In this arrangement, parenting time is split into housing schedules, and both parents make important decisions together. f

Key Factors Considered by the Court in Custody Cases

The best interest of the child is the governing standard in custody decisions, which means a 50-50 split or any other arrangement is neither guaranteed nor a default outcome. When deciding a custody case, the judge will evaluate several factors, including:

1. The child’s relationship with each parent
2. Mental & physical health of both parents
3. Each parent’s willingness to co-parent & encourage the child to have a healthy relationship with the other parent
4. Stability of each parent’s home environment
5. Parental work schedules & other practical considerations
6. Any history of domestic violence or abuse
7. The child’s preference (depending on age & maturity)

All these factors play a role in determining child custody. Thus, any custody arrangement, including joint custody, may not be appropriate in every situation.

What Joint Custody Entails in California?

While joint custody may sound like an even split, it doesn’t necessarily mean equal parenting time.

In most cases, the court will grant joint legal custody, where both parents make important decisions about the child’s education, healthcare, and religious matters. However, evenly dividing joint physical custody can be difficult, as it refers to where the child will live and how parenting time will be split.

Another thing to keep in mind is that any arrangement is possible. It may be possible that parents share legal custody, but only one parent has sole physical custody. It means that the noncustodial parent may still have considerable visitation rights, but the time division may not be 50-50. This is because an equal split requires a high degree of co-parenting skills & abilities as well as geographical proximity between the households. The court will also consider each parent’s ability to meet the child’s needs and the child’s school routines & extracurricular activities to determine if awarding joint custody would be feasible or not.

50/50 Custody is Not Presumptive

It must be remembered that there’s no law nor a presumption in favor of a 50/50 custody arrangement. While the courts intend the child to have meaningful contact with both parents, they will only award joint custody to parents willing and fit for co-parenting. Each case is decided on its unique circumstances. The courts have vast discretionary powers in this regard - with the authority to determine whether joint custody, which may be a 50/50 split or a different timeshare ratio, or sole custody is in the best interests of the child.

The main goal is to ensure a safe and stable environment for the child, and the court will only grant custody to suitable parents as per the specifics of the case.

When is 50-50 Custody Appropriate?

While California courts favor a joint custody arrangement, they will approve a solution that benefits the child and parents who demonstrate strong co-parenting skills. For instance, if both parents live close by, have flexible work schedules, and can maintain a healthy relationship with each other, the court may lean towards a shared custody arrangement.

On the other hand, joint custody may be construed as disrupting the child’s stability if there’s a history of conflict between parents, lack of communication, or logistical challenges. Judges are more likely to minimize disruptions in the child’s life than promote fairness or numerical parity for parents. Having said that, judges may be more receptive towards a joint custody arrangement if the parents present a detailed parenting plan showing how schedules, daily care, and transportation will be managed.

Legal Guidance Can Pave the Way To a Successful Custody Arrangement.

Because California custody laws give the courts significant discretion, as a parent, it is essential to present a clear-worded and detailed parenting plan. The courts decide based on hard, individual facts and not preferences. For this reason, hiring a knowledgeable child custody attorney is critical. An experienced lawyer understands the law and can help you create a parenting plan that aligns with the child’s best interests and the court’s expectations.

The Orange County child custody attorneys at Jos Family Law can put together a successful plan that clearly defines each parent’s rights & responsibilities. If your case reaches trial, we will build persuasive arguments backed by witness testimonies, parenting records, and other documents that support your case.

Whether you are seeking to join custody or a sole custody arrangement, we can give you a strategic advantage with compassionate and zealous advocacy.

FAQs

1. Do California laws prefer equal custody?

California does not have specific laws for 50/50 custody. While courts have the general assumption that it’s in the child’s best interests to have ongoing contact with both parents, it will not automatically apply the 50-50 custody rule. Instead, the parents must prove that equal parenting time will be in the child’s best interests.

2. What does a 50-50 custody mean in California?

A 50/50 custody means that both parents spend an equal (or nearly equal) amount of time with the child, and both share equal decision-making rights on the child’s welfare and upbringing.

3. How can parents create a joint custody agreement?

As a parent, you can consider mediation instead of relying on the court to decide custody for you. Mediation is a cost-effective alternative where parties resolve disputes in the presence of a neutral third party, known as the mediator. The mediator will facilitate discussions and help the parents reach an amicable agreement. However, for mediation to be successful, both parties must be willing to cooperate and compromise for the child’s best interests.

4. When do courts award 50-50 custody in California?

Since all custody decisions are made in lieu of the child’s best interests, the court will only grant equal custody if both parents are willing to cooperate, both parents live close to each other, the ability of each parent to provide a stable home environment, and the absence of any domestic violence or substance abuse history. The child’s wishes may also be considered if he/she is age-appropriate.

5. How can I get 50/50 custody of my child?

To get 50-50 custody, both parents must demonstrate co-parenting abilities, which include:

1. Being actively involved in your child’s life
2. Providing a stable & nurturing home environment
3. Documenting your involvement in your child’s life
4. Encouraging co-parenting
5. Maintaining a healthy relationship with the co-parent

Let us Guide You Through Child Custody.

California doesn’t automatically grant 50-50 custody to both parents. Instead, every decision is made in the best interests of the child. If you are going through a divorce or a child custody case, understanding this standard and working towards it will considerably improve your chances of being the primary custodian. Additionally, it is highly recommended you consult with our Orange County child custody attorneys to navigate child custody cases. We will ensure our representation aligns with your child’s best interests and your rights as parents. Contact Jos Family Law today.

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